rule of prejudicial error (North Carolina) · Go Syfert
← North Carolina issues

rule of prejudicial error in North Carolina

7 North Carolina opinions name it 1 courts 1983–2024 1 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
In Re Appeal of McElweegreen
· 1981 · cited in 1 North Carolina opinions naming this issue, 1993–1993
2 sentences

1993G.S. 105-345.2(c) provides *393 that the court shall review the whole record and due account shall be taken of the rule of prejudicial error.” In re McElwee, 304 N.C. 68, 73-74 , 283 S.E.2d 115, 119 (1981).

1993G.S. 105-345.2(c) provides *393 that the court shall review the whole record and due account shall be taken of the rule of prejudicial error.” In re McElwee, 304 N.C. 68, 73-74 , 283 S.E.2d 115, 119 (1981).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Clark Equipment Company v. Johnson green
nc · 1964
2 sentences

1983While the weighing and evaluation of the evidence is in the exclusive province of the Commission, In re Appeal of Amp, Inc., 287 N.C. 547 , 215 S.E. 2d 752 (1975); Clark Equipment Co. v. Johnson, 261 N.C. 269 , 134 S.E. 2d 327 (1964), where the evidence is conflicting, the appellate court must apply the “whole record” test to determine whether the administrative decision has a rational basis in the evidence, In re McElwee, supra, quoting, In re Rogers, 297 N.C. 48 , 253 S.E. 2d 912 (1979).

1983While the weighing and evaluation of the evidence is in the exclusive province of the Commission, In re Appeal of Amp, Inc., 287 N.C. 547 , 215 S.E. 2d 752 (1975); Clark Equipment Co. v. Johnson, 261 N.C. 269 , 134 S.E. 2d 327 (1964), where the evidence is conflicting, the appellate court must apply the “whole record” test to determine whether the administrative decision has a rational basis in the evidence, In re McElwee, supra, quoting, In re Rogers, 297 N.C. 48 , 253 S.E. 2d 912 (1979).

21983–1983
In Re the Appeal of AMP Inc. green
nc · 1975
2 sentences

1983While the weighing and evaluation of the evidence is in the exclusive province of the Commission, In re Appeal of Amp, Inc., 287 N.C. 547 , 215 S.E. 2d 752 (1975); Clark Equipment Co. v. Johnson, 261 N.C. 269 , 134 S.E. 2d 327 (1964), where the evidence is conflicting, the appellate court must apply the “whole record” test to determine whether the administrative decision has a rational basis in the evidence, In re McElwee, supra, quoting, In re Rogers, 297 N.C. 48 , 253 S.E. 2d 912 (1979).

1983While the weighing and evaluation of the evidence is in the exclusive province of the Commission, In re Appeal of Amp, Inc., 287 N.C. 547 , 215 S.E. 2d 752 (1975); Clark Equipment Co. v. Johnson, 261 N.C. 269 , 134 S.E. 2d 327 (1964), where the evidence is conflicting, the appellate court must apply the “whole record” test to determine whether the administrative decision has a rational basis in the evidence, In re McElwee, supra, quoting, In re Rogers, 297 N.C. 48 , 253 S.E. 2d 912 (1979).

21983–1983
In re the Appeal of Blue Ridge Housing of Bakersville LLC green
ncctapp · 2013
1 sentence

2024“The taxpayer bears the burden of proving that its property meets the requirements of an ad valorem taxation exemption.” In re Blue Ridge Hous. of Bakersville LLC, 226 N.C.

12024–2024
In Re the Appeal of Southview Presbyterian Church green
ncctapp · 1983
1 sentence

2002“While the weighing and evaluation of the evidence is in the exclusive province of the Commission, where the evidence is conflicting; the appellate court must apply the ‘whole record’ test to determine whether the administrative decision has a rational basis in the evidence.” Southview, 62 N.C.

12002–2002
MAO/Pines Associates, Ltd. v. NEW HANOVER CTY. BD. OF EQUAL. green
ncctapp · 1994
2 sentences

1996In conducting its review, this Court must consider “the whole record” and take “due account... of the rule of prejudicial error.” Id. at 556 , 449 S.E.2d at 199-200 .

1996In conducting its review, this Court must consider “the whole record” and take “due account... of the rule of prejudicial error.” Id. at 556 , 449 S.E.2d at 199-200 .

11996–1996
In Re the Appeal of ELE, Inc. green
ncctapp · 1990
1 sentence

1994App. 253, 256-57 , 388 S.E.2d 241, 244 , aff'd per curiam, 327 N.C. 468 , 396 S.E.2d 325 (1990), and “due account shall be taken of the rule of prejudicial error.” G.S. § 105-345.2(c).

11994–1994
In re the Appeal of Ele, Inc. neutral
nc · 1990
1 sentence

1994App. 253, 256-57 , 388 S.E.2d 241, 244 , aff'd per curiam, 327 N.C. 468 , 396 S.E.2d 325 (1990), and “due account shall be taken of the rule of prejudicial error.” G.S. § 105-345.2(c).

11994–1994
Mudusar ex rel. Baloch v. V. G. Murray & Co. neutral
ncctapp · 1990
1 sentence

1994App. 253, 256-57 , 388 S.E.2d 241, 244 , aff'd per curiam, 327 N.C. 468 , 396 S.E.2d 325 (1990), and “due account shall be taken of the rule of prejudicial error.” G.S. § 105-345.2(c).

11994–1994
In Matter of Rogers green
nc · 1979
2 sentences

1983While the weighing and evaluation of the evidence is in the exclusive province of the Commission, In re Appeal of Amp, Inc., 287 N.C. 547 , 215 S.E. 2d 752 (1975); Clark Equipment Co. v. Johnson, 261 N.C. 269 , 134 S.E. 2d 327 (1964), where the evidence is conflicting, the appellate court must apply the “whole record” test to determine whether the administrative decision has a rational basis in the evidence, In re McElwee, supra, quoting, In re Rogers, 297 N.C. 48 , 253 S.E. 2d 912 (1979).

1983While the weighing and evaluation of the evidence is in the exclusive province of the Commission, In re Appeal of Amp, Inc., 287 N.C. 547 , 215 S.E. 2d 752 (1975); Clark Equipment Co. v. Johnson, 261 N.C. 269 , 134 S.E. 2d 327 (1964), where the evidence is conflicting, the appellate court must apply the “whole record” test to determine whether the administrative decision has a rational basis in the evidence, In re McElwee, supra, quoting, In re Rogers, 297 N.C. 48 , 253 S.E. 2d 912 (1979).

11983–1983

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 105-345.2 (7) NC § N.C. Gen. Stat. § 105-283 (3) NC § N.C. Gen. Stat. § 105-317 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WY 33 (1982–2024) DC 10 (1978–2025) NC 7 (1983–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check